Home › Guides › Estate Distribution › Locate and Review Will or Trust Documents
Locate and Review Will or Trust Documents
Estate Distribution
Find out whether the deceased had a will, living trust, or other estate planning documents. These documents identify who is legally authorized to manage the estate and how assets should be distributed. They may be stored in a home safe, filing cabinet, desk drawer, safe deposit box, or with an attorney. If a legal representative (executor or trustee) is named, that person will take over estate responsibilities once the documents are located and validated. If no documents can be found, probate will likely proceed under state law, and the next of kin may be responsible for managing the estate. In that case, consult a probate attorney or local court for guidance.
Frequently Asked Questions
Documents
Where should I look for a will or trust?
Common locations include: a home safe or fireproof box, a filing cabinet or desk, a safe deposit box at their bank, their attorney's office (call any attorney they worked with), the county clerk's office (some states allow wills to be filed for safekeeping), their digital files or cloud storage, and with their financial advisor. Also check with close family members—the deceased may have mentioned where documents are kept. The original will (not a copy) is typically required for probate.
Legal
What makes a will legally valid (self-proving)?
A self-proving will includes a notarized affidavit signed by the testator and witnesses, confirming the will was executed properly. This allows the court to accept the will without requiring the witnesses to testify in person. Requirements vary by state, but generally a valid will must be: in writing, signed by the testator (or someone directed by them), and witnessed by at least two disinterested adults. Some states accept holographic (handwritten) wills without witnesses if entirely in the testator's handwriting.
What is the difference between a will and a living trust?
A will takes effect at death and must go through probate court for validation and enforcement. A living trust takes effect when created and operates continuously—assets titled in the trust pass directly to beneficiaries without probate, saving time (months vs. years) and court costs. However, a trust only controls assets that were actually transferred into it. Many people have both a will (as a safety net for any assets not in the trust) and a trust. The trust is typically the primary estate plan.
Can a will be contested, and on what grounds?
A will can be contested on grounds including: lack of testamentary capacity (the person did not understand what they were signing), undue influence (someone pressured the person into making specific provisions), fraud or forgery, improper execution (not meeting state witnessing requirements), or the existence of a newer valid will. Contests must be filed within the state's deadline (often 30-120 days after the will is admitted to probate). Contested estates can take 1-3+ years to resolve.
Process
What if multiple wills are found?
The most recently dated will generally supersedes all earlier versions. Look for a revocation clause (most wills contain one stating "I revoke all prior wills"). File all versions with the probate court and let the judge determine which controls. Do not destroy any version—even an older will may be relevant if the newer one is contested or found invalid. If there are significant differences between versions, consult a probate attorney before proceeding.